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GREELEY, Colo. (CBS4) – It was a family tragedy and now the family is pleading with prosecutors not to charge their son.

Jordan Limas could face charges of criminally negligent homicide in the shooting death of his 11-year-old brother, Andre. The boys’ father, David Limas, says the whole thing is a terrible accident.

The Limas family had a meeting with prosecutors in the case and asked Weld County District Attorney Ken Buck to drop the charges in the case.

“We feel that the charges should be dropped because it’s a fact, it’s already been declared, ruled an accident by the coroner’s office,” David Limas said. “To think that we’re going to lose another son to the system, it’s devastating right now, and it’s big load to bear right now.”

Buck said it’s a difficult case because the family is both a victim and defendant, but he says dropping the charges is something he won’t do.

“This is a case that when we looked at the facts and considered the community interest, we decided that we were going to forward with this case,” Buck said.

According to the district attorney’s office, Jordan Limas left a loaded, stolen gun on the dining room table. Jordan Limas told police that his younger brother was trying to take the gun outside to show his friends. When he tried to get the gun away from him, his brother was shot and killed.

The district attorney’s office says they will take the family’s wishes into consideration and there is the possibility that some type of plea deal could be reached. For now, the case is moving through the judicial system.